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Defendant's Time-Sensitive Motion for Modification of Order on Reporting Requirements — United States v. Evan Edwards (a/k/a Ian Heringa)…

Summary

Time-sensitive motion by defendant Evan Edwards to modify the March 18, 2024, order on his reporting requirements (Dkt. 136), which committed him to the custody of the Attorney General for hospitalization and treatment. The motion says the order and the Bureau of Prisons designation document conflict on the report date, with March 29, 2024, under the order and April 8, 2024, in the government's notice. It adds that his family cannot transport him to FMC Devens in Massachusetts, and that private medical transport is estimated at upwards of $60,000.00. He asks to surrender in a way that accommodates his disabilities, possibly through the United States Marshals Service.

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“Defendant's Time-Sensitive Motion for Modification of Order on Reporting Requirements — United States v. Evan Edwards (a/k/a Ian Heringa)….” Original at ecf.flmd.uscourts.gov, No. 6:22-cr-00201-AGM-LHP, Doc. 139. Archived at Pandemic Darlings, https://pandemicdarlings.com/court-filings/us-v-evan-edwards/2024-03-26-motion-modify-reporting-requirements-dkt-139/, SHA-256 f6c01ff18f7ad779445aca8fb6c74b235a5af18a2b48a274040c902da37d5f61.

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Case 6:22-cr-00201-AGM-LHP Document139 _ Filed 03/26/24 Page 1 of5 PagelD 662

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

UNITED STATES OF AMERICA, )

Plaintiff, )

V. Case No. 6:22-cr-00201-WWB-LHP
EVAN EDWARDS, 5
Defendant. )
)

DEFENDANT’S TIME-SENSITIVE MOTION FOR MODIFICATION OF
ORDER ON DEFENDANT’S REPORTING REQUIREMENTS [DKT. 136]

COMES NOW, the Defendant, Evan Edwards [hereinafter “Defendant”], by
and through the undersigned counsel, and respectfully moves the Court to modify
its Order issued on March 18, 2024, on the following grounds: (a) the Court's Order
and the Bureau of Prisons Designation document conflict as to the date of the
Defendant's report and (b) neither the Defendant, himself, nor his family has the
ability to transport the Defendant to FMC Devens in Ayer, Massachusetts (more than
1,200 miles from the Defendant’s home) by either date in question. As the
Defendant does not wish to run afoul of this Court's Order, nor is he capable of
complying with the same, he seeks the relief requested herein.

l. On March 18, 2024, the Court accepted Magistrate Judge Leslie

Hoffman Price’s Report and Recommendation that the Defendant be committed to
Case 6:22-cr-00201-AGM-LHP Document139 _ Filed 03/26/24 Page 2 of 5 PagelD 663

the custody of the Attorney General for hospitalization and treatment to assess the
probability of the Defendant attaining capacity to participate in the instant
prosecution.. Dkt. 136.

2. In the Court's Order, the Defendant was given seven (7) days, following
the Government’s filing of the required notice, to report to the requisite designated
facility and the Government was ordered to “promptly file a notice advising the
Defendant and the Court of the facility in which the Defendant would be designated
to for treatment.” Id.

3. On March 22, 2024, the Government filed a Notice of BOP Designation
and Voluntary Surrender Date, stating that the Defendant had been designated to
FMC Devens, located at 42 Patton Road, Ayer, MA 01432 and that he is to report
no later than April 8, 2024. Dkt. 138. The date called for by operation of the
operative Order is March 29, 2024.

4. Presently, a conflict now exists between when the Court has ordered
the Defendant to report to FMC Devens and when the Bureau of Prisons has
indicated when they will be ready to receive the Defendant for processing and
treatment. It is of note that the BOP report date indicates that the BOP will be ready
to receive, process, and begin the time-sensitive process of determining the
Defendant's restorability on that date. Given the strictly limited time (four months)

for the restoration process to occur, this presents a challenge for both the BOP and

No
Case 6:22-cr-00201-AGM-LHP Document139 _ Filed 03/26/24 Page 3 of 5 PagelD 664

the Defendant.

5. In addition to the foregoing, the Defendant’s current caretakers, his
wife and daughter, have indicated to the undersigned that they have neither the
financial’ capability to arrange for proper and safe medical transport for the
Defendant to reach FMC Devens nor do they have the physical ability to safely
transport the Defendant to Massachusetts by themselves as a result of his medical
conditions.

6. As the records of this proceeding demonstrates, the Defendant cannot
transport himself, and his current medical care issues include, but are not limited to
his inability to provide for his activities of daily living (including dressing himself,
feeding himself, etc.) as well as the attendant need for full-time, around-the-clock
medical attention, urinary and bowel incontinence, and a need for oxygen on a PRN
basis. Consequently, these issues make patent that the Defendant is not physically
capable of transporting himself anywhere without professional, medical personnel
assisting him in transport.

7. As result of the conflicting dates in which the Defendant is required to

report versus the readiness of FMC Devens to receive him and for the Defendant’s

'Private medical transportation for the Defendant to safely reach FMC Devens from his home in
New Smyrna Beach, Florida, is estimated to cost upwards of $60,000.00. Due to the nature of
the Defendant’s present medical condition, air travel is the only feasible mode of transportation
for the Defendant to be able to safely reach FMC Devens. The Defendant was transported from
FMC Devens to Orlando at the end of his last confinement by air.
Case 6:22-cr-00201-AGM-LHP Document139 _ Filed 03/26/24 Page 4 of 5 PagelD 665

present challenges in ensuring his safe arrival to FMC Devens for treatment, the
Defendant respectfully requests that the Court modify the terms and conditions of
his pre-trial release to allow the Defendant to comply with the Court’s Order.

WHEREFORE, the Defendant, by and through the undersigned counsel,
respectfully requests this Court to modify its order of March 18, 2024, Docket No.
136, to allow the Defendant to voluntarily surrender himself in a fashion that
accommodate his current disabilities, which may require that the Defendant be taken
back in to the custody of the United States Marshals Service for the purposes of
transportation to and later return from FMC Devens.

Respectfully submitted this 26" day of March, 2024.

s/A. Brian Phillips

A. BRIAN PHILLIPS, ESQ.

Fla. Bar No. 0067113

A. BRIAN PHILLIPS, P.A.

912 Highland Avenue

Orlando, Florida 32803

Telephone: (407) 872-0777

Telecopier: (407) 872-0704
Email:Brian.Phillips@Phillips-Law-Firm.com
Counsel for Defendant Evan Edwards

Case 6:22-cr-00201-AGM-LHP Document139_ Filed 03/26/24 Page 5 of5 PagelD 666

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on the 26" day of March, 2024, I filed a copy of
the foregoing with the Clerk of the Court via the CM/ECF system. I further certify
that all parties to this case are equipped to receive service of documents via that

system.